SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT

RULE 3001 - APPLICABILITY
(Adopted October 8, 1993)(Amended August 11, 1995)(Amended November 14, 1997)

(a) Phase One Title V Permits

Operators of facilities that have, in 1992 or later, reported annual emissions equal to or greater than any of the threshold amounts shown in Table 1 shall submit initial Title V applications to the Executive Officer and obtain Title V permits in accordance with the timelines specified in Rule 3003 - Applications.

(b) Phase Two Title V Permits

1. Operators of facilities, not subject to the provisions of subdivision (a) of this rule, with the potential to emit any regulated air pollutant at, or greater than, any of the threshold amounts shown in Table 2 shall submit to the Executive Officer applications for initial Title V permits in accordance with the timelines specified in Rule 3003 - Applications, and obtain Title V permits within five years after the effective date, as defined in paragraph (b)(7) of Rule 3000.
2. For the purpose of this subdivision, the potential to emit for a RECLAIM pollutant from a RECLAIM facility is the higher of:

   (A) the starting allocation plus nontradeable credits; or

   (B) RECLAIM Trading Credits (RTC) held in the allocation account after any trading.

   RTCs held in the certificate account are not part of the allocation.

TABLE 2

(c) Additional Facilities Requiring Title V Permits
In addition to subdivisions (a) and (b) of this rule, operators of the following facilities shall submit applications to the Executive Officer to obtain Title V permits in accordance with the timelines specified in Rule 3003 - Applications, or with federal regulations:

1. All new facilities that have a potential to emit any regulated air pollutant at, or greater than, any of the levels specified in Table 2 of subdivision (b) of this rule, and for which applications for permits to construct and permits to operate are deemed complete after March 31, 2000;
2. All facilities initially not subject to Title V requirements, that after installation or modification of equipment would have a potential to emit any regulated air pollutant at, or greater than, any of the levels specified in Table 2 of subdivision (b) of this rule, and for which applications for permits to construct or permits to operate are deemed complete after March 31, 2000;
3. All "affected sources" as defined under the acid rain provisions of Title IV of the federal Clean Air Act and 40 CFR Part 70, Section 70.2;
4. Solid waste incineration units required to obtain a permit pursuant to Section 129(e) of the federal Clean Air Act;
5. All facilities subject to a standard, limitation, or other requirement of the New Source Performance Standards in 40 CFR Part 60 or National Emission Standards for Hazardous Air Pollutants in 40 CFR Part 61 or Part 63 that are specifically required by federal regulation to obtain a Title V permit; and,
6. All other facilities so designated by the EPA by future amendments to 40 CFR Part 70, Section 70.3.
7. All facilities that have obtained a District facility permit with a condition limiting facility emissions for the purpose of being exempt from Title V permit requirements pursuant to paragraph (d)(2) of this rule, and that have reported annual emissions, calculated in accordance with permit terms and conditions under normal operating conditions, equal to or greater than any of the threshold amounts specified in Table 2 of subdivision (b) of this rule.

(d) Exemptions

1. Notwithstanding subdivision (c) of this rule, facilities that would be required to obtain a Title V permit solely because they are subject to one or more of the following regulations are exempt from Title V permit requirements:

   (A) 40 CFR Part 60, subpart AAA - Standards of Performance for New Residential Wood Heaters;

   (B) 40 CFR Part 61, subpart M - National Emission Standard for Hazardous Air Pollutants for Asbestos, Section 61.145 - Standard for Demolition and Renovation.

2. Facilities subject to the requirements of subdivision (a) or (b) of this rule, that demonstrate to the satisfaction of the Executive Officer that the facility's potential to emit has been reduced, either through a facility modification or by accepting an enforceable condition in the District facility permit, to less than the levels specified in Table 2 of subdivision (b) of this rule, are exempt from Title V permit requirements.

(e) Phase One Exclusions

1. Except in the case of an affected source under the acid rain program, an applicant may request, and the Executive Officer may grant an exclusion from subdivision (a) of this rule, Phase One Title V Permits, provided that the facility can demonstrate to the satisfaction of the Executive Officer that:

   (A) the most recent, validated, reported emissions are less than the thresholds in subdivision (a); and,

   (B) a permanent change has occurred at the facility to explain the reduction in reported emissions.

2. All requests for exclusion shall be in a form specified by the Executive Officer, shall include copies of reported emissions data and are subject to approval by the Executive Officer.